Arvind Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50295 of 2015 Arising Out of PS.Case No. -45 Year- 2014 Thana -GURUA District- GAYA ====================================================== Arvind Paswan Son of Ashok Paswan resident of village - Shukul Khap, Police Station - Gurua, District - Gaya .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Pushpa Sinha , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Gurua P.S. Case No. 45 of 2014 registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code. Rubi Kumari, the daughter of the informant, was married with the petitioner seven years ago and due to nonfulfillment of demand of dowry by way of motor-cycle she was being tortured and ultimately she was killed and her dead body was cremated by the petitioner and other in-laws. Submission is of false implication and that the marriage has taken place in the year 1997, out of the wedlock there are two sons, there was cordial relation between the

Patna High Court Cr.Misc. No.50295 of 2015 (4) dt.01-03-2016 2/3 petitioner and his wife, no dowry was ever demanded and there was no complaint of any kind, the wife of the petitioner died natural death and due information was given to the informant. The informant also participated in the funeral but thereafter lodged this case resulting the petitioner is suffering in custody since 12.04.2015, other co-accused has been allowed bail and as such the petitioner also deserves sympathetic consideration to which the learned APP opposes by submitting that the petitioner is the husband.

In the facts and circumstances stated above, considering the charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence and as such the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Gurua P.S. Case No. 45 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason

Patna High Court Cr.Misc. No.50295 of 2015 (4) dt.01-03-2016 3/3 shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) ajaypd./- U T